1. Skip to navigation
  2. Skip to content
  3. Skip to sidebar

Update

This blog is now called the People, Reward and Mobility Hub! Visit ‘Who we Are‘ for more information and keep visiting for the latest updates in employment, pensions and immigration.

Update

Proposal to make redundancy for expectant and new mothers redundant

A 10-minute Rule Bill was introduced in the House of Commons last month by the Chair of the Women and Equalities Committee to enhance the protections for expectant and new mothers against redundancy. The Pregnancy and Maternity (Redundancy Protection) Bill 2019 seeks to prohibit redundancy from the point a woman notifies her employer she is pregnant, until six months after the conclusion of her maternity leave.

, , ,

Read more »
Proposal to make redundancy for expectant and new mothers redundant

Can a transfer of clients’ investments amount to a transfer of undertakings?

In Dodic v. Banka Koper and Alta Invest (Case c-194/18) EU:C:2019:385, the ECJ was asked to consider whether the transfer of intangible client investments from one undertaking (which had ceased investment services activity) to another could constitute a transfer of an undertaking for the purposes of the Acquired Rights Directive. It determined that it could in principle, but the question of whether there actually had been such a transfer in this case was remitted to the national court to decide. Banka Koper (Banka) ceased operating as a stock exchange intermediary. Banka transferred these activities (as it was obliged under Slovenian law) to another intermediary, Alta Invest. It was agreed that Banka would work for Alta Invest as a dependent stock exchange intermediary. Banka therefore informed its clients that, as Banka would be ceasing investment services operations, they could transfer their accounts to Alta Invest for free. A large majority of Banka's clients therefore transferred over to Alta Invest. As a result of ceasing these activities, Banka dismissed all its employees in its investment services office. Mr Dodic, who was one of the dismissed employees, claimed that there was a transfer of undertakings and that his employment should have transferred to Alta Invest. The case went all the way to the Slovenian Supreme Court which asked the ECJ to consider whether there had been a transfer of an undertaking even though: • Banka's clients could have transferred their investments to an intermediary other than Alta Invest; and • Banka continued to operate as a dependent stock exchange intermediary and co-operated with Banka. The ECJ found that the transfer of financial instruments from one undertaking to another following the ceasing of the former's business could constitute a transfer of an undertaking for the purposes of the Acquired Rights Directive. This was subject to the usual requirement that it had retained its identity post transfer (i.e. that there was a transfer of clients). This was, however, a matter for the referring national court to decide. The fact that the clients could choose to move their investments elsewhere and that Banka continued to operate as a dependent stock exchange intermediary was irrelevant.
Read more »
Can a transfer of clients’ investments amount to a transfer of undertakings?

Adverse treatment of a gay head teacher found to be constructive dismissal and sexual orientation discrimination

In The Governing Body of Tywyn Primary v. Mr M Aplin UKEAT/0298/17/LA the EAT held that the adverse treatment of a gay head teacher amounted to constructive dismissal and sexual orientation discrimination.
Read more »
Adverse treatment of a gay head teacher found to be constructive dismissal and sexual orientation discrimination

Acas publishes guidance on workplace neurodiversity

Acas has published guidance to help employers learn about neurodiversity and to suggest changes that can be made in the workplace to better support neurodivergent staff.
Read more »
Acas publishes guidance on workplace neurodiversity

Department for Business, Energy & Industrial Strategy launches new consultation into misuse of confidentiality clauses

Following on from last year's proposals from both the Women and Equalities Committee and the Human Rights Commission, the UK government has published a consultation paper seeking views on options to prevent the misuse of confidentiality clauses.
Read more »
Department for Business, Energy & Industrial Strategy launches new consultation into misuse of confidentiality clauses

Personal injury compensation awarded in the Employment Tribunal

In Grange v. Abellio London Ltd EAT/0304/17 the EAT has held that personal injury compensation is available for a failure to provide rest breaks under the Working Time Regulations 1998 (WTR).
Read more »
Personal injury compensation awarded in the Employment Tribunal

The Good Work Plan delivers some good news for work-seekers

The latest statutory instrument coming out of the Good Work Plan, The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2019 has been laid before Parliament. This is the government's attempt to address the recommendation from the Taylor Review that information available to workers should be more transparent, particularly when it comes to pay.
Read more »
The Good Work Plan delivers some good news for work-seekers

Labour of love: foster parents are not workers under the Working Time Directive

In a case referred by the Romanian courts, the ECJ has held that foster parents are not workers for the purposes of the Working Time Directive. This makes it more likely that cases currently pending before employment tribunals in the UK on foster parents' entitlement to holiday pay are likely to be unsuccessful.
Read more »
Labour of love: foster parents are not workers under the Working Time Directive

Harassment allegations: the catalyst for Google staff walkout

Thousands of Google staff (employees and contractors) across 50 locations walked out of their jobs on Thursday 1 November in protest at the company's response to claims of sexual harassment and gender inequality.

,

Read more »
Harassment allegations: the catalyst for Google staff walkout